Statement of Principles concerning medial tibial stress syndrome (shin splints) (Balance of Probabilities) (No. 97 of 2023)
1Statement of Principles concerning medial tibial stress syndrome (shin splints) (Balance of Probabilities) (No. 97 of 2023)
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7 Kind of injury, disease or death to which this Statement of Principles relates
8 Basis for determining the factors
9 Factors that must exist
10 Relationship to service
11 Factors referring to an injury or disease covered by another Statement of Principles
Schedule 1 - Dictionary
1 Definitions
1 Name
This is the Statement of Principles concerning medial tibial stress syndrome (shin splints) (Balance of Probabilities) (No. 97 of 2023).
2 Commencement
This instrument commences on 28 November 2023.
3 Authority
This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.
4 Repeal
The Statement of Principles concerning shin splints No. 10 of 2015 (Federal Register of Legislation No. F2014L01812) made under subsection 196B(3) of the VEA is repealed.
5 Application
This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.
6 Definitions
The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.
7 Kind of injury, disease or death to which this Statement of Principles relates
(1) This Statement of Principles is about medial tibial stress syndrome (shin splints) and death from medial tibial stress syndrome (shin splints).
Meaning of medial tibial stress syndrome (shin splints)
(2) For the purposes of this Statement of Principles, medial tibial stress syndrome (shin splints):
(a) means a bone stress reaction or periosteal inflammation manifesting as exercise-induced pain along the posteromedial aspect of the distal two-thirds of the tibia which typically resolves or reduces with rest; and
(b) excludes:
(i) fracture, including stress fracture;
(ii) lower leg tendinopathies or bursitis;
(iii) nerve entrapments (sural or superficial peroneal);
(iv) popliteal artery entrapment syndrome;
(v) acute sprain and acute strain; and
(vi) vascular insufficiency.
Death from medial tibial stress syndrome (shin splints)
(3) For the purposes of this Statement of Principles, medial tibial stress syndrome (shin splints), in relation to a person, includes death from a terminal event or condition that was contributed to by the person's medial tibial stress syndrome (shin splints).
Note: terminal event is defined in the Schedule 1 – Dictionary.
8 Basis for determining the factors
On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that medial tibial stress syndrome (shin splints) and death from medial tibial stress syndrome (shin splints) can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.
Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.
9 Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, medial tibial stress syndrome (shin splints) or death from medial tibial stress syndrome (shin splints) is connected with the circumstances of a person's relevant service:
(1) running or jogging an average of at least 60 kilometres per week for the 4 weeks before the clinical onset or clinical worsening of medial tibial stress syndrome (shin splints);
(2) undertaking weight bearing exercise involving repeated activity of the lower leg on the affected side for:
(a) a minimum intensity of 5 METS; and
(b) for at least 6 hours per week; and
for at least the 4 weeks before the clinical onset or clinical worsening of medial tibial stress syndrome (shin splints);
Note 1: Examples of weight bearing exercise involving repeated activity of the lower leg at a minimum intensity of 5 METS include marching, sustained brisk walking, playing football, and dancing.
Note 2: MET is defined in the Schedule 1 - Dictionary.
(3) increasing the frequency, duration or intensity of weight bearing activity involving the lower leg on the affected side:
(a) by at least 100 percent; and
(b) to a minimum intensity of 5 METs; and
(c) for at least 4 hours per day;
within the 2 weeks before the clinical onset or clinical worsening of medial tibial stress syndrome (shin splints);
Note: MET is defined in the Schedule 1 - Dictionary.
(4) having pes planus of the affected limb before the clinical onset or clinical worsening of medial tibial stress syndrome (shin splints);
(5) inability to obtain appropriate clinical management for medial tibial stress syndrome (shin splints) before the clinical worsening of medial tibial stress syndrome (shin splints).
10 Relationship to service
(1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.
(2) The clinical worsening aspects of factors set out in section 9 apply only to material contribution to, or aggravation of, medial tibial stress syndrome (shin splints) where the person's medial tibial stress syndrome (shin splints) was suffered or contracted before or during (but did not arise out of) the person's relevant service.
11 Factors referring to an injury or disease covered by another Statement of Principles
In this Statement of Principles:
(1) if a factor referred to in section 9 applies in relation to a person; and
(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;
then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
MET means a unit of measurement of the level of physical exertion. 1 MET = 3.5 ml of oxygen/kg of body weight per minute, or 1.0 kcal/kg of body weight per hour, or resting metabolic rate.
MRCA means the Military Rehabilitation and Compensation Act 2004.
relevant service means:
(a) eligible war service (other than operational service) under the VEA;
(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c) peacetime service under the MRCA.
Note: MRCA and VEA are defined in the Schedule 1 - Dictionary.
terminal event means the proximate or ultimate cause of death and includes the following: